Terms of Business for the Introduction of Household Staff
1. Definitions & Interpretation
“Agency” refers to Rosewood Nannies.
“Client” refers to any individual, family, household, or representative engaging the Agency to recruit or introduce a Candidate.
“Candidate” refers to any person introduced by the Agency to the Client for potential placement as a Nanny, Au Pair, Luxury Housekeeper, or Private PA.
“Engagement” refers to the employment, retention, or use of a Candidate by the Client, whether on a permanent, temporary, full-time, or part-time basis.
“Introduction” refers to the passing of a Candidate’s CV, profile, or contact details to the Client, or an interview arranged between the Client and Candidate.
2. Status & Scope of Service
Employment Agency Status: Rosewood Nannies acts strictly as an Employment Agency under the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003. The Agency introduces Candidates to Clients for direct employment by the Client.
Acceptance: Requesting candidate profiles, interviewing a Candidate, or engaging a Candidate introduced by Rosewood Nannies constitutes immediate acceptance of these Terms.
Employer Responsibilities: Rosewood Nannies does not employ any Candidate placed with a Client. The Client is the sole legal employer and holds full responsibility for employment contracts, PAYE tax, National Insurance contributions, workplace pensions, and statutory employment rights.
3. Vetting & Agency Obligations
Candidate Screening: Rosewood Nannies performs rigorous pre-employment checks prior to introduction, including:
Verifying candidate identity and legal Right to Work in the UK.
Checking relevant qualifications (e.g., Level 3, EYFS, First Aid).
Verifying a minimum of two professional references.
Confirming an Enhanced Disclosure and Barring Service (DBS) check (or international police clearance).
Client Due Diligence: While the Agency conducts thorough background checks, the final decision to employ a Candidate rests with the Client. The Client is advised to inspect original documents upon request and secure appropriate Household Employer Liability Insurance.
4. Fees & Payment
Introduction Fee: An Introduction Fee becomes due immediately upon a Candidate accepting an offer of Engagement (verbal or written) made by the Client.
Fee Calculation: Placement fees are charged in accordance with Rosewood Nannies' official Fee Schedule based on a percentage of the Candidate’s agreed gross annual salary (or a fixed fee for Au Pair placements).
Payment Terms: Invoices must be paid in full within 14 calendar days of issuance and prior to the Candidate’s start date.
Late Payment: The Agency reserves the right to charge interest on overdue invoices pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
5. Replacement Guarantee & Refund Policy
Guarantee Period: Should an Engagement terminate within 12 weeks of the Candidate's start date, Rosewood Nannies will provide one free replacement candidate, provided that:
All agency invoices were settled in full within 14 days of issue.
The termination is not due to a material change in job duties, location, or breach of employment law by the Client.
Written notification of the termination is provided to the Agency within 7 days.
Refunds: If a suitable replacement cannot be sourced within 6 weeks, a partial credit or refund will be issued per our Fee Schedule. Refunds do not apply if the Client no longer requires a staff member.
6. Confidentiality & Data Protection (UK GDPR)
Data Protection: Both parties agree to adhere strictly to the UK Data Protection Act 2018 and UK GDPR regulations.
Third-Party Introductions: Candidate profiles supplied by Rosewood Nannies are strictly confidential. If a Client passes a Candidate’s details to a third party (e.g., a relative or friend) who subsequently engages the Candidate, the original Client remains fully liable for the full Introduction Fee.
Client Discretion: Rosewood Nannies maintains absolute confidentiality regarding all family details, addresses, and household affairs of the Client.
7. Limitation of Liability
Rosewood Nannies shall not be liable for any loss, damage, expense, or delay arising from the introduction or engagement of any Candidate, except where liability cannot be excluded by English law.
The Client is responsible for maintaining adequate household and employer liability insurance at all times.
8. Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales, and are subject to the exclusive jurisdiction of the English courts.